Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-4-46 Drilling permits
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(a) Before any well covered by this part, other than wells for the production of fresh water, may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $500.00 fo…
O.C.G.A. § 12-4-48 Sapelo Island Heritage authority
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Authority and property exempt from levy and sale, §12-3-449. LIENS —Cont’d Sewage systems. Unpaid charges for sewerage service. Privately owned public water suppliers. Cutting off water service when sewer charge unpaid, §12-5-179. Stone Mountain Memorial Association. Revenue bond…
O.C.G.A. § 12-4-49 Short title
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Legislative findings and declaration of policy. Definitions. Powers of board as to deep drilling. Authority to adopt and promulgate rules and regulations. Powers of board as to establishment of drilling and operation units; applicability of state antitrust laws to private agreement…
O.C.G.A. § 12-4-50 SERVICE STATIONS
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Underground storage tanks, §§12-13-1 to 12-13-22. SEWAGE HOLDING TANK ACT. General provisions, §§12-15-1 to 12-15-8. Short title, §12-15-1.
O.C.G.A. § 12-4-51 Effect of part on other laws
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Any provision of Part 2 of Article 3 of Chapter 5 of this title which is inconsistent with this part shall not be repealed by this part and shall govern over this part. History. — Ga. L. 1975, p. 966, § 5; Ga. L. 1984, p. 398, § 9; Ga. L. 1989, p. 14, § 12; Ga. L. 2018, p. 953, §…
O.C.G.A. § 12-4-52.1 Local authority
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This part shall not be construed as limiting the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of activities defined herein for the purposes of protecting natural resources or human health and welfare. History. — Code 1…
O.C.G.A. § 12-4-53 Prohibited acts
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The following activities are prohibited: (1) The waste of oil or gas as defined in this part; (2) The sale, purchase, or acquisition or the transportation, refining, processing, or handling of illegal minerals or illegal products; (3) The sale, purchase, or acquisition or the trans…
O.C.G.A. § 12-4-54 Levying of severance tax
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(a) As used in this Code section, the term ‘‘extractor’’ means any person removing oil or gas from the ground pursuant to this part. (b)(1) A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows: (A) Three cents per barrel o…
O.C.G.A. § 12-4-70 Short title
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This part shall be known and may be cited as the ‘‘Georgia Surface Mining Act of 1968.’’ History. — Ga. L. 1968, p. 9, § 1. 314 12-4-71
O.C.G.A. § 12-4-71 Definitions, §12-4-72
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Environmental protection division. Administration of part, §12-4-71. Declining of jurisdiction under part, §12-4-73. 1364 INDEX SURFACE MINING —Cont’d Environmental protection division —Cont’d Delegation of duties to authorized agents and employees, §12-4-73. Powers and duties ge…
O.C.G.A. § 12-4-72 Definitions
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As used in this part, the term: (1) ‘‘Affected land’’ means the area of land which has been subjected to surface mining, or upon which overburden has been deposited, or both; provided, however, ‘‘affected land’’ shall not be construed to include land upon which overburden is depo…
O.C.G.A. § 12-4-73 Underground storage tanks
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General provisions, §§12-13-1 to 12-13-22. Water wells.
O.C.G.A. § 12-4-76 Substitution of mined areas
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An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the division. History. — Ga. L. 1968, p. 9, § 7.
O.C.G.A. § 12-4-77 Operators of surface mining firms
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Requirements, §12-4-75. Penalties. Civil penalty, §12-4-83. Criminal penalty, §12-4-84. Disposition of recovered civil penalties, §12-4-83. Permits, §12-4-75.
O.C.G.A. § 12-4-78 Appeal to superior court
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Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the division shall have the right to appeal to the superior court of the county of the residence of such party. Such appeal shall be by petition which shall be filed…
O.C.G.A. § 12-4-79 Injunctive relief
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Whenever it shall appear to the division that any person, firm, or corporation or any agent, officer, or director of any person, firm, or corporation has violated any of the provisions of this part, the division, on its own motion or on the verified complaint in writing of any perso…
O.C.G.A. § 12-4-81 Judgment pursuant to order
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The director of the division may file in the superior court of the county wherein the mining operator under order resides, or if such mining operator is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the vio…
O.C.G.A. § 12-4-82 Applicability of part
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This part shall not apply to surface mining activities of the Department of Transportation incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. The provisions of this Code section shall also extend to any person, firm, or corpor…
O.C.G.A. § 12-4-83 Permits, §12-4-75
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Appeal of disciplinary actions to superior court, §12-4-78. Renewal or replacement of revoked permit, §12-4-77. Suspension or revocation for mining on unauthorized site, §12-4-77. Removal of minerals, etc. Prima facie evidence of surface mining, §12-4-80. Short title, §12-4-70. S…
O.C.G.A. § 12-4-84 Phosphates, §§12-4-100 to 12-4-103
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Mountain protection act, §12-2-8. Natural areas. Georgia natural areas act, §§12-3-90 to 12-3-94. Nongame wildlife conservation programs, §§12-3-600 to 12-3-602. North Georgia Mountains authority, §§12-3-290 to 12-3-300. Oconee river greenway authority, §§12-3-400 to 12-3-414. Oi…
O.C.G.A. § 12-5-1 General provisions, §§12-5-1 to 12-5-3
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GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT. General provisions, §§12-9-40 to 12-9-57. Short title, §12-9-40.
O.C.G.A. § 12-5-100 Judgment in accordance with director’s order
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The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or if the person is a nonresident of this state, in the superior co…
O.C.G.A. § 12-5-101 Injunctive relief
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Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this part, the director may make application to the superior court of the county where such person resides, or i…
O.C.G.A. § 12-5-102 Citation of title, §12-5-90
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Comprehensive state-wide water management planning, §§12-5-520 to 12-5-525. Confidentiality of information. Right of entry. Protection of confidential information, §12-5-98. Conflict of laws. Effect of part provisions on other laws, §12-5-104. Conservation plans to accompany permit …
O.C.G.A. § 12-5-103 Representation of department by Attorney General
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It shall be the duty of the Attorney General to represent the department and its agents or designate some member of his staff to represent them in all actions in connection with this part. History. — Ga. L. 1973, p. 1273, § 25.
O.C.G.A. § 12-5-104 Effect of part on other laws
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Nothing contained in this part shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this state. History. — Ga. L. 1972, p. 976, § 12. 443 12-5-105 CONSERVATION & NATURAL RES. 12-5-105 12-5-105. Regulated reasonable use …
O.C.G.A. § 12-5-105 Code Commission notes
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— Pursuant to Code Section 28-9-5, in 1988, ‘‘the’’ was deleted preceding ‘‘July 1, 1988’’ in two places in the second sentence of paragraph (a)(3) (now (b)(3)), ‘‘operation’’ was substituted for ‘‘operations’’ at the end of the first sentence of paragraph (b)(3) (now (a)(3)), and…
O.C.G.A. § 12-5-106 Permits
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Adverse agency action, §12-5-96. Agricultural purposes, §12-5-105. Conservation plans to accompany, §12-5-96. Continued withdrawal, etc., of ground water pending decision on permit, §12-5-97. Disciplinary actions, §12-5-96.
O.C.G.A. § 12-5-107 Injunctive relief
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Emergency orders; restrictions; hearing; appeal; use by certain entities. Representation of department by Attorney General. Effect of part on other laws. Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures. …
O.C.G.A. § 12-5-120 Short title
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This part shall be known and may be cited as the ‘‘Water Well Standards Act of 1985.’’ History. — Ga. L. 1976, p. 974, § 1; Ga. L. 1985, p. 1192, § 1. 450 12-5-122 12-5-121. Legislative intent.
O.C.G.A. § 12-5-121 Legislative intent
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It is the intent of the General Assembly to provide in this part for the application of standards for the siting, construction, operation, maintenance, and abandonment of wells and boreholes so as to protect the public health and the water resources of this state. History. — Ga. …
O.C.G.A. § 12-5-122 Definitions
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As used in this part, the term: (1) ‘‘Abandoned well’’ means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining ground water or for other useful purposes is impracticable, or from which gr…
O.C.G.A. § 12-5-123 Carbon sequestration registry
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Reporting to governor. Contests of report, §12-6-231. GOVERNOR —Cont’d Environmental advisory council. Appointment, §12-2-2. Forest fires. Extreme forest fire emergency. Authority of governor, §12-6-89. Southeastern interstate forest fire protection compact. Advisory committee. Appo…
O.C.G.A. § 12-5-124 Powers and duties of council generally
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In carrying out this part, the council shall have the following powers and duties: (1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council and to carry ou…
O.C.G.A. § 12-5-128 Contents of license; display
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(a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council chairman and the chief administrati…
O.C.G.A. § 12-5-129 Renewal, §12-5-130
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Replacement of lost, destroyed or mutilated licenses, §12-5-130. Trainee licenses. Applications, §12-5-127. Unlicensed operation, §12-5-133. Water well contractors generally, §12-5-127. Electrical or plumbing work incidental to well work. Electrician or plumbing licensing not req…
O.C.G.A. § 12-5-131 Notifying contractors of changes in rules and regulations
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The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date o…
O.C.G.A. § 12-5-132 Effect of part
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(a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title. (b) Nothing in this part shall affect the regulation of ground-water use by the division pursuant to Part 2 of this article. History. — Ga. L. 1977, p.…
O.C.G.A. § 12-5-133 Penalty; evidence of violation of part
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(a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise viola…
O.C.G.A. § 12-5-133.1 Civil penalties; hearing
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(a) In addition to the provisions of Code Section 12-5-133, any person violating any provision of this part or the rules or regulations effective under this part shall be liable for a civil penalty not to exceed $5,000.00 per day. Each day during which the violation or failure or…
O.C.G.A. § 12-5-134 Standards for wells and boreholes
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The following standards shall apply to all wells and boreholes: (1) In the case of individual and nonpublic water wells: (A)(i) The well should be located as far removed, and in a direction opposite to the ground-water flow, from known or potential sources of pollutants as the gen…
O.C.G.A. § 12-5-135 Requirement of bond or letter of credit
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(a) A performance bond or letter of credit shall be provided to the director by any water well contractor or driller for the conduct of drilling operations to ensure compliance with the procedures and standards contained in this part. (b) The bond or letter of credit required in …
O.C.G.A. § 12-5-137 CONTRACTORS
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Sewage holding tanks. Responsibility for ensuring compliance with chapter, §12-15-6. Water wells. Bond or letter of credit, §12-5-135. Fines, §12-5-133.1. Licenses, §12-5-127. Contents of license, §12-5-128. Display of license, §12-5-128. Electrical or plumbing work incidental to…
O.C.G.A. § 12-5-138 WETLANDS
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Natural resources, department of. Minimum standards and procedures for protection. Promulgation, §12-2-8. Outdoor stewardship act, §§12-6A-1 to 12-6A-12. Water pollution permits, §12-5-30. 1378 INDEX WETLANDS —Cont’d Water supply projects, §12-5-472. WILDLIFE —Cont’d Nongame wild…
O.C.G.A. § 12-5-151 Wells on government property
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In the event the State of Georgia or any agency thereof or any political subdivision of this state owns any real property affected by the provisions of Code Section 12-5-150, it shall be the duty of the person or persons having immediate supervision of such real property to compl…
O.C.G.A. § 12-5-152 Applicability of part
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This part shall not apply to any free-flowing artesian well which is in constant use for the purpose of watering and cooling livestock or for the purpose of supplying water to any public swimming pool. History. — Ga. L. 1969, p. 669, § 4.
O.C.G.A. § 12-5-153 Asbestos
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Compliance with chapter, §12-12-11. Cave protection. Breaking or tampering with gates, doors, etc., §12-4-143. CRIMINAL LAW AND PROCEDURE —Cont’d Cave protection —Cont’d Controlling or preventing access to caves, §12-4-143. Defacing or disturbing caves, etc., §12-4-143. Dumping o…
O.C.G.A. § 12-5-170 Short title
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This part shall be known and may be cited as the ‘‘Georgia Safe Drinking Water Act of 1977.’’ History. — Ga. L. 1977, p. 351, § 2.
O.C.G.A. § 12-5-171 Definitions, §12-5-172
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Economic allocation methodology. Charging tenants or units individually for water usage in multiunit buildings, §12-5-180.1. 1272 INDEX DRINKING WATER —Cont’d Efficiency and effectiveness of water use. Minimum standards and best practices for improving. Adoption by division, §12-…
O.C.G.A. § 12-5-172 Definitions
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As used in this part, the term: (1) ‘‘Administrator’’ means the administrator of the U.S. Environmental Protection Agency. (2) ‘‘Contaminant’’ means any physical, chemical, biological, or radiological substance or matter in water. (3) ‘‘Cross-connection’’ means any physical arran…